196 A. 624 | N.H. | 1938
It is the general rule that a stranger to a decree of divorce has no standing on which to base a motion to set aside or annul the decree. 99 A.L.R. 1310. But the petition in the present case is in no respect an attack on the judgment rendered. It does not seek the abolition of rights already adjudicated but merely asks that those rights be made effective by relation from the date of their determination. *220
It is true "that divorce proceedings abate upon the death of either of the parties." Leclerc v. Leclerc,
"The rendition of a judgment is the judicial act of the court in pronouncing the sentence of the law upon the facts in controversy as ascertained by the pleadings and the verdict. The entry of a judgment is a ministerial act, which consists in spreading upon the record a statement of the final conclusion reached by the court in the matter, thus furnishing external and incontestable evidence of the sentence given, and designed to stand as a perpetual memorial of its action. It is the former, therefore, that is the effective result of the litigation. In the nature of things, a judgment must be rendered before it can be entered. And not only that, but though the judgment be not entered at all, still it is none the less a judgment. The omission to enter it does not destroy it, nor does its validity remain in abeyance until it is put upon the record. The entry may be supplied, perhaps after the lapse of years, by an order nunc pro tunc." 1 Black, Judgments (2d ed), s. 106.
In this jurisdiction a term of court is regarded for ordinary purposes "as an indivisible point of time," and the last day of the term is usually assigned "as the day from which the acts of the court in general take their date." Goodall v. Harris,
The present status of a third person, who is found to have acted in good faith, depends upon a status established by the decree under consideration, and no rights will be prejudiced by the execution, in essential particulars, of the order asked for.
Entries nunc pro tunc are made in furtherance of justice (Parker v. Badger,
The desired result is not to be attained, however, by vacating the decree in accordance with the prayer of the petition, but may be accomplished by a mere amendment to the record giving to the findings and conclusion of February 12, 1914, the force and validity of a judgment as of that date.
Case discharged.
All concurred. *222